UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-7351

RICHARD ANTHONY MITCHELL,

Petitioner - Appellant,
versus
ROBERT SMITH,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CA-98-629-5-H)

Submitted:

January 18, 2001

Decided:

January 25, 2001

Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Richard Anthony Mitchell, Appellant Pro Se. Clarence Joe DelForge,
III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh,
North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:
Richard Anthony Mitchell seeks to appeal the district courts
order denying relief on his petition filed under 28 U.S.C.A. 2254
(West 1994 & Supp. 2000).

We have reviewed the record and the dis-

trict courts opinion and find no reversible error.

Accordingly,

we deny Mitchells motion for a certificate of appealability and

dismiss

the

appeal

on

the

reasoning

of

the

district

court.

Mitchell v. Smith, No. CA-98-629-5-H (E.D.N.C. Sept. 6, 2000).

We

dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.

DISMISSED